Questions from drivers about VTL 1128(a), Unsafe Lane Change, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 1128(a), Unsafe Lane Change.
How can I contest an unsafe lane change ticket under VTL 1128(a)? I was stopped between intersections, across from a turn lane. Because I was under the signal, I could not tell whether the traffic light was green. The pedestrian signal on the other side showed a hand. There was only one other car, about 300 feet from the turn lane, while I was roughly 100 feet away. Since traffic was almost empty and that intersection gets very crowded, I made the turn quickly because it seemed safe. The other car turned out to be a police officer, and it accelerated to get through a yellow light. I saw the light turn red as I was making my turn. Can I beat this ticket, and if so, what do I do? I believe the lane change was safe and that the officer was speeding.
Should I just pay an unsafe lane-change ticket in New York, or should I contest it in traffic court? I was merging onto a highway and thought there was enough room, but a tractor-trailer hit my car. That impact pushed me into the vehicle ahead of me. Mine was the only car that was damaged, yet I received a ticket, and it looks like I am being blamed for the three-car crash. I thought New York being no-fault mattered here. Would it make more sense to appear in court and try for a reduced charge, or pay the ticket, accept the points, and take an online class to get rid of them?
New York being a “no fault” state has to do with insurance coverage, not traffic violations. Taking a defensive-driving class will not erase points from your license. The crash itself may raise your insurance costs, and a moving violation on your record could make that worse. It would likely be wise to challenge the ticket rather than simply pay it. A traffic attorney can enter a not-guilty plea for you and attend court when required. An experienced traffic lawyer may be able to have the charge reduced to a parking violation or dismissed.
I need help understanding what happens after a family member had a crash on the highway around 4:00 AM. It was dark and raining, and they were traveling in the far-left lane when they came upon a disabled car sitting there with no lights on and nobody inside. They tried to move right to avoid the disabled car, but struck the rear of a vehicle traveling in the next lane. What should they do now?
What is the specific problem you need addressed? If your family member received a traffic ticket, they should take it to a traffic attorney.
My 17-year-old son, driving on a junior license, got pulled over for an unsafe lane change. The cop could have also written him a ticket for driving past 9:00 PM, since it was midnight. My question is, if I fight this ticket, will they look at the ticket and say no and tack on the after-hours driving charge?
That is theoretically possible but not likely. Best to risk it and fight the ticket because junior license holders have to be more careful about getting violations on their record, and they have a lower threshold for suspension. See https://www.benjamingoldmanlawoffice.com/blog/probationary-period-for-new-drivers-in-new-york-state.html
I’ve got a traffic ticket for violation code 1128(a)- move from lane unsafely. I chose to plead not guilty, and I don’t have time to appear in person for a court trial. I need a lawyer to represent me to be there.
An attorney can handle this case in your place and should be able to get it reduced or dismissed.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney–client relationship. Readers should not act or refrain from acting based on this information without seeking professional counsel from an attorney licensed in the state where the citation was issued.
Benjamin Goldman Law Office
Simply giving the court your account of what happened, even if it is entirely accurate, usually will not be enough. In many cases, the court will credit the officer's account. The focus is generally on finding a problem in the officer's case, such as an inconsistency, a missing detail, a factual or legal error, or an issue with the ticket, the officer's notes, or the testimony. An experienced traffic-ticket attorney can help identify those issues.